How to Make a Will in Delaware

Making a will in Delaware is responsible for ensuring that your property is handled according to your wishes after you are gone. A will enable you to distribute your property to your loved ones after your demise, giving you complete control. In Delaware, in cases where a testator dies without a will, the state’s intestacy laws are used to manage the estate. Wills in Delaware must meet specific legal requirements for them to be rendered valid. Below, we delve into how to make a will in Delaware.

What are the Steps to Create a Will in Delaware?

Creating a valid will in Delaware is a process that should be done carefully to ensure your wish is met. Below are the steps to creating a will in Delaware:

1.     Identify your assets

List all your assets, such as businesses, real estate properties, bank accounts, and jewelry. Be very thorough by including the locations of your assets. This process ensures that you do not leave out any assets you own and that the executor will easily locate the assets after you are gone.

2.     Appoint an executor

Choose someone you trust who can and is willing to be your executor. Their job will be to manage your estate after your demise. This step ensures that you can task someone responsible and of your choice to manage your property.

3.     Appoint a guardian for your minor children

Pick someone who is able and willing to care for your minor children after you are gone. The guardian should be someone you trust and is responsible as your children will be under their care.

4.     Write up the will

You must ensure that your will is in a written format. You can write the will yourself or get professional help drafting it. You must ensure that your Delaware will meets the Delaware will requirements to legally bind it.

5.     Sign the will

Signing a will is an essential step in the will-writing process. You must sign a will in the presence of two sound-minded adults, preferably those who are not beneficiaries of the will. This step proves that you wrote the will of your own free will.

6.     Update the will regularly

You should update your will every 3 to 5 years or after significant changes such as marriage, divorce, or a change in your finances. This step ensures that the will portrays your current life.

What Happens if I Don’t Have a Will?

When an individual passes away without a last will and testament in Delaware, the state’s intestacy laws are used to distribute their assets. The court prioritizes your spouse, children, and relatives, which might conflict with what you would have wanted. The court then appoints an executor who will be in charge of managing your estate. In cases involving minors, the court appoints a guardian who will be given authority over your children. When intestacy laws are used, individuals have no control over what they own.

What are the Requirements for Writing a Last Will and Testament in Delaware?

For a will to be rendered valid in Delaware, they must meet the requirements below:

1.     Legal age

You must be 18 to write a last will and testament in Delaware. This requirement ensures that you are old enough to understand legal matters and what you are doing.

2.     Sound Mind

You must be of sound mind to make Delaware wills. A sound mind ensures that you understand what is happening and that your decisions are yours without coercion or influence from others.

3.     Witnesses

For a will to be valid, two adult sound mind witnesses must witness you sign the will. They must then sign the will to confirm it was made willingly, thus preventing fraud.

4.     Signature

You must sign your will for it to be legally binding. In cases where you cannot sign your will, someone of your choice can sign it for you and in your presence.

5.     Written document

Your will must be presented in a written format. Delaware only acknowledges handwritten wills, called holographic wills, if they meet all the requirements. Therefore, you must ensure that your will is in a typed written document to make it valid.

How Often Should You Review and Update Your Delaware Will?

In Delaware, you should review and update your last will and testament every 3 to 5 years or whenever significant life changes occur. These changes include getting married, having a child, going through a divorce, or if your financial situation changes. You can choose to update your will yourself or get help from professionals. LegalPen offers will writing services for individuals in Delaware, and how much a will cost in Delaware depends on the size of your estate.

How to Revise and Update Your Will in Delaware

Revising and updating your will is an important step that reflects your current life. You can update your will by adding a codicil or creating a new one if many changes occur. After that, you should ensure that the will is legally valid by ensuring that you have signed it and it has been witnessed by two individuals who have signed it. You then need to store your Delaware last will and testament safely and your living will if you have one.

What Makes a Will Valid in Delaware?

Making a will valid in Delaware requires you to meet the requirements below:

1. You must be 18 years old and of sound mind.
2. You must sign the will and have it witnessed by two witnesses who sign it too.
3. The will must be in writing.

Can a Handwritten Will be Valid in Delaware?

A handwritten will can be valid if it meets all the requirements. This means you must sign the will and have two witnesses sign it. Even when using the do-it-yourself wills, ensure that you fill in the last will and testament form as needed and that it meets the requirements before filing it so that it can be legally binding.

How Do I Sign My Delaware Will?

Signing your will is one requirement for making a will valid. After ensuring that the will has covered all your wishes, proceed to sign the will in front of two witnesses who, to avoid conflict of interest, should preferably not be beneficiaries of the will. The witnesses should then sign the will to ascertain that they have witnessed you signing it. Whether you have had your will drafted by an attorney or are using a will template, ensure these requirements are met.

What Can I Include in an Online Will in Delaware?

You can use a last will and testament template in Delaware to make an online will. Below are some of the items you can include in your online will:

1. Include your personal information, such as name and address
2. Name an executor who will carry out your wish and manage your estate when you are gone
3. Include your chosen beneficiaries and what property or asset they will inherit from you.
4. Choose a guardian for your minor children to ensure they are well cared for after your demise.
5. In cases where you have specific property or items that you would like to pass on to specific people, ensure that they are well stated.
6. Discuss your debts and liabilities and how they will be handled when you are gone. This will ensure that the executor manages the debts as you would have wanted.

Types of Assets Covered in a Delaware Will

A Delaware last will and testament lets you determine which beneficiary gets what from you once you are gone. For you to do that, you must outline all your assets in the will. Below are the assets that you can include in a Delaware will:

1. Bank accounts. Include all your different bank accounts, including the savings and checking accounts.
2. Personal property. These include items like vehicles, furniture and jewelry.
3. Real estate. These include houses, land or any other property that belongs to you.
4. Digital assets. Include all the digital assets you own. These could include social media accounts, Cryptocurrencies and digital files.
5. Investments such as your stocks, bonds and business stakes.

Can I Revoke or Change My Will In Delaware?

Yes, you can revoke or change your will in Delaware. Delaware law allows individuals to revoke their previous wills and make new ones, provided that they make it known that they have revoked the previous one and ensure that the new will has met all the Delaware will requirements. 

How Do You Revoke or Change Your Will in Delaware?

You can revoke or change your Delaware last will and testament by making a new one and cancelling the previous one or by adding a codicil that changes the aspects of the will you do not like and addresses them there. You need to know how often one should update a will to ensure that it reflects your current life. You should ensure that your updates are updated in the Delaware will register to ensure they are legally recognized.

Can I Make a Digital or Electronic Will in Delaware?

No, you cannot make a digital or electronic will in Delaware. For a will to be recognized in Delaware, it must fulfill all the will requirements. After meeting the requirements, you can now file your will with the Register of Wills in Wilmington, Delaware, so that it can be recorded.

Who Can Witness a Will in Delaware?

Any sound mind adult can witness a will in Delaware. However, choosing a witness who is not a beneficiary of the will is better as it will ensure they will not have a conflict of interest.

Should My Will Name an Executor?

Yes, you should name your executor in your last will and testament in Delaware. This shows that you appointed this person and would want them to fulfill your wish after you are gone.

What are the Delaware Will Executor Requirements?

 For an individual to qualify as an executor, they must meet all the Delaware will requirements below:

1.     Legal Age

They must be 18 or older to qualify as an executor in Delaware. This requirement ensures that the individual understands the legal matters and, therefore, can manage the estate properly.

2.     Sound Mind

The executors must be mentally stable to make good estate decisions. This is an essential requirement that must be met.

3.     Residency

While it’s not required by law, having a local executor can make things smoother, especially for court-related tasks, as they might better understand how the courts work and will present for the court procedures.

4.     No Felony Convictions

They mustn’t have a felony record, which helps ensure they’re trustworthy. This requirement provides the testator peace of mind, knowing that a responsible person will manage their estate.

What Happens to a Will After Death in Delaware?

Delaware wills are taken to probate court after the testator’s death. The court officially names the executor and ensures the will is valid. The executor takes charge, pays off debts and liabilities, and distributes the remaining assets to the will’s beneficiaries.

What is the Impact of Marriage and Divorce on Your Delaware Will?

Marriage and divorce impact your Delaware will. After marriage, ensure your will is updated to include your spouse, as it might only be done sometimes. Couples can make a will for married couples to manage their assets. After a divorce, anything in your will that benefits your ex-spouse is usually revoked by law. Ensure that you are conversant with Delaware’s next-of-kin laws in case of death without a will.

Do all Wills in Delaware have to Go Through Probate?

Yes, all last will and testament in Delaware must go through probate. Probate ensures that the wills are valid and can be acted upon by the executor.

Is Delaware a Community Property State?

No, Delaware isn’t a community property state. In Delaware, the property you acquire during your marriage is usually considered yours unless you decide to share ownership. You must, however, ensure that your will meets the Delaware will requirements.

How is Delaware Intestate Succession Done?

After someone dies without a will in Delaware, intestate succession prioritizes their spouse, children, and closest relatives.

How is Estate and Inheritance Tax in Delaware Done?

Delaware does not tax estates or inheritances. Beneficiaries in Delaware receive their inheritances without any tax being imposed on them.